Victorian Numbered Acts

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FINES REFORM ACT 2014 (NO. 47 OF 2014) - SECT 322

Section 28 amended

    (1)     In the heading to section 28 of the Sheriff Act 2009 , after " whole " insert " or part ".

    (2)     In section 28(1) of the Sheriff Act 2009

        (a)     insert the following definitions—

"" applicable money warrant "means an executed money warrant or a partly executed money warrant;

"partly executed money warrant "means a money warrant that is an enforcement warrant or a civil warrant in respect of which the sheriff has received part of the payable amount from a third party in the absence of the person named or described in the warrant;";

        (b)     in the definition of executed money warrant omit "that is a criminal warrant".

    (3)     In section 28(2) of the Sheriff Act 2009 , for "executed" (where twice occurring) substitute "applicable".

    (4)     In section 28(4) of the Sheriff Act 2009

        (a)     for "executed" substitute "applicable";

        (b)     in paragraph (b) for "account." substitute "account; or";

        (c)     after paragraph (b) insert

    "(c)     if the amount has been held under section 33(3A), the amount is to be returned to the third party.".

    (5)     In section 28(5) of the Sheriff Act 2009 , for "executed" substitute "applicable".



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